38.2-226.2 - Provisions of title not applicable to certain long-term care health plans.

§ 38.2-226.2. Provisions of title not applicable to certain long-term carehealth plans.

A. This title shall not apply to pre-PACE long-term care health plans (i)authorized by the United States Health Care Financing Administration pursuantto § 1903 (m) (2) (B) of Title XIX of the United States Social Security Act(42 U.S.C. § 1396b et seq.) and the state plan for medical assistanceservices as established pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title32.1 and (ii) which have signed agreements with the Department of MedicalAssistance Services as long-term care health plans.

B. This title shall not apply to PACE long-term care health plans (i)authorized as programs of all-inclusive care for the elderly by Subtitle I (§4801 et seq.) of Chapter 6 of Title IV of the Balanced Budget Act of 1997,Pub. L. No. 105-33, 111 Stat. 528 et seq., §§ 4801-4804, 1997, pursuant toTitle XVIII and Title XIX of the United States Social Security Act (42 U.S.C.§ 1395eee et seq.) and the state plan for medical assistance services asestablished pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1 and(ii) which have signed agreements with the Department of Medical AssistanceServices as long-term care health plans.

C. Enrollment in a pre-PACE or PACE plan shall be restricted to thoseindividuals who participate in programs authorized pursuant to Title XIX orTitle XVIII of the United States Social Security Act, respectively.

(1998, c. 318.)